Alternatives to Patent Protection Flashcards
Utility models
No internationally unified protection of utility model
Protection of utility models remains entirely a matter of domestic laws
Utility model protection availale in most countries in Europe - system proved to be successful in particular in Germany, China, South Korea
No internationally binding definition
The definition of a utility model varies from country to country
All categories of solutions provide for
technical inventons alongside what is avaible under patent law
Contrary to high novelty and non-obviousness standards required by patent law, much more flexible conditions for obtaining utility model protection
no or lower level of inventiveness and less than an absolute novelty
International standard of trade secrets
Article 39 TRIPS Agreement
Trade secret protection applies to information that meets the following requirements, cumulatively:
is confidential (kept in secret), has commercial value, has been subject to reasonable steps to keep it secret
“Reasonable steps” in trade secret protection
any appropriate method in the light of the nature and the character of protected trade secrets and business activity using such information.
EU uniformity of standards of trade secret protection
Directive (EU) 2016/943, of the European Parliament and of the Council of 8 June 2016
Trade secrets are protected without any formalities
no registration or decision on granting protection is required, but instead, the holder of information must take reasonable steps to keep information in secret
Trade secret protection is not confirmed by any exclusive right
only the factual situation of information having commercial value and not being publicly available
Advantages of patents
Legal monopoly over commercial exploitation of a patented invention on the market
Relatively long period of 20 years protection
Disadvantages of patent protection
Long and complicated procedures to obtain protection
High standards of patentability
Obligation to disclosure an invention without guarantee of obtaining a patent
Subject matters excluded from patentablity
Protection limited in time
Advantages of utility models
Weaker requirements for obtaining protection
Short time of waiting for protection to be granted
cheaper to obtain and to maintain then patents;
conversion of a utility model into a patent usually possible under certain circumstances
Disadvantages of utility model
Not available for all kinds of inventions
Period of protection shorter than a patent (7-10 years)
Protection available only in some countries
